Alpana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67673 of 2022 Arising Out of PS. Case No.-95 Year-2020 Thana- KOTWALI District- Munger ====================================================== ALPANA DEVI W/o Satish Thakur R/o mohalla- Mangal Bazar, P.S.- Kotwali (Basudeopur O.P.), District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr. Madhuri Lata, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Raj Kumar Choudhary, learned counsel for the petitioner and Mr. Madhuri Lata, learned Additional Public Prosecutor for the State.
Petitioner apprehends her arrest in connection with Kotwali PS (Basudeopur OP) Case No. 95/2020 dated 13.03.2020, registered for the offence punishable under Sections 341/326A/307/34 of the IPC.
As per First Information Report, the allegation against the petitioner along with other nine accused persons, is of throwing acid upon the daughter and grand daughter of the informant.
Learned counsel for the petitioners submits that the petitioner has falsely been implicated in this case along with other family members. He next submits that the main accused in
Patna High Court CR. MISC. No.67673 of 2022(3) dt.17-05-2023 2/3 this case is elder brother-in-law of the daughter of the informant and entire family members have been implicated along with petitioner who is aged about 18 years due to dispute regarding the residential house between them. He also submits that the coaccused, namely, Jagriti Devi and Chhoti Thakur @ Aprajita Kumari having similar general and omnibus allegation has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 30726/2020 vide order dated 30.01.2021 (Annexure-4) and vide order dated 15.05.2023, passed in Cr. Misc. No. 301 of 2023 respectively.
Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that allegation against nine accused persons are general and omnibus in nature, the injury caused to the daughter of the informant happens to be simple in nature, the co-accused has already been granted anticipatory bail by a Bench of this Court, I am inclined to grant anticipatory bail to the petitioner. Considering the facts and circumstances of the case and the fact that the similarly situated co-accused persons have been released on bail, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today,
Patna High Court CR. MISC. No.67673 of 2022(3) dt.17-05-2023 3/3 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali PS (Basudeopur OP) Case No. 95/2020, subject to the condition as laid down under Section 438(2) CrPC.
(Purnendu Singh, J) pravinkumar/- U